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HomeMy WebLinkAboutCOW 2011-01-10 Item 4B - Resolution - 2011 Legislative Priorities COUNCIL AGENDA SYNOPSIS g i ILA.; J q Initials ITEM IVO. e p fd r 1 Meeting Date 1 Prepared by 1 M or eview C x nci1 review tV t_; y 9 01/10/11 I KAM 1 I N1--. tt l Q o 01/18/11 I KAM .Z 901W 1 i--/-, B ITEM INFORMATION CAS NUMBER: 11-004 I ORIGINAL AGENDA DATE: JANUARY 10, 2011 AGENDA ITEM TITLE Draft Resolution for Council's 2011 State Legislative Priorities CA'IEGORY Discussion Motion M Resolution Ordinance Bid Award h Public Hearing Other Mtg Date 01/11/10 Mtg Date Mtg Date 01/1/10 Mtg Date Mtg Date Mtg Date Mtg Date 1SPONSOR Council Mayor 1l Adm Svcs DCD Finance 1 1 Fire E Legal n Pe9R Police PW SPONSOR'S Staff has prepared a DRAFT 2011 Legislative Agenda /Priorities for Council consideration. SUMMARY The agenda is intended to be utilized as a tool for Councilmembers when they meet with state legislators in Olympia in February. The Council is being asked to adopt a Resolution that identifies the agreed upon priorities. REVIEWED BY 1 1 COW Mtg. Eli CA &P Cmte 1-1 F &S Cmte n Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. 1 1 Planning Comm. DATE: RECOMMENDATIONS: SPONSOR /ADMIN. Council President COMMITTEE COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: IVITG. DATE RECORD OF COUNCIL ACTION I MTG. DATE ATTACHMENTS 01/10/11 Memo dated 01/05/11 regarding recommended 2011 Legislative Agenda /Priorities. AWC's 2011 Legislative Priorities. City of Tukwila 2010 Legislative Agenda. I Draft Resolution (Attachment A to be provided at 01/18/11 Regular Meeting). I 1 1 12 ;'34‘P. City of Tukwila 0 a ,',,A'%' o City Council MEMORANDUM TO: Tukwila City Council FROM: Kimberly Matej, Legislative Analyst! nalyst`] CC: Mayor Haggerton Steve Lancaster, City Administrator DATE: January 5, 2011 SUBJECT: Legislative Agenda /Priorities for 2011 Session The State Legislature will begin a 105 -day session on Monday, January 10, 2011. This is the first year of the Legislature's biennium legislative cycle, and it is anticipated this will be another financially challenging year for the State of Washington. After a special session on December 11, 2010, Governor Gregoire released her proposed 2011 -13 state budget on December 15, and a supplemental budget on December 20, which will address a remaining $541 million shortfall. As deficit concerns continue to loom significantly at the state and local levels, fiscal requests can be expected to be minimal during this legislative session. Given this, although it is in the best interest of local governments to continue submitting financial requests, emphasis should be placed on non- financial requests including, but not limited to: ensuring the safety of state shared revenues, flexibility of use of existing local revenues and sharing the story of significant budget reductions which have already been implemented by the City. As with most legislative agendas, it is important to note that usually a city will choose items for highlighting to local representatives (i.e.: priorities); however, that does not preclude the City from supporting, opposing, monitoring issues or directly contacting legislators regarding additional items not specifically highlighted on the published legislative agenda. For example, City departments will often advocate for the Council to support or oppose specific items in response to which the Council can meet directly with the appropriate state representatives regarding said issues. For your review and discussion, recommended legislative priorities to focus on during are outlined below. The order in which items are listed does not reflect the importance of any item. After Council discussion, staff will provide a 2011 Legislative Agenda State Issues in final form and an appropriate resolution for review at the January 18 Regular Council Meeting. City Fiscal Health MONITOR: Streamlined Sales Tax Mitigation Ensure that state monies committed for streamlined sales tax mitigation continue to remain dedicated to that source and are not utilized to balance the state budget. The Governor's proposed 2011 -13 state budget identifies$49.8 million for jurisdictions affected by SST SUPPORT: Flexibility on Use of Existing Revenue Sources Increased flexibility in the spending of revenues, including but not limited to: locally- imposed Real Estate Excises Taxes (REET), and the expenditure of and time expenditure extension for impact fees. This flexibility will allow cities to respond more appropriately to growth needs and essential services. General Government Operations SUPPORT: Pro Active Approaches to Reduce Impact of Public Records Requests to Cities Take an active role in efficient responses to and delivery of public records requests while reducing substantial impacts of arduous requests. Proposals being considered include: cost recovery, meet and confer, and clarification of the Public Records Act. 13 2011 Council Legislative Priorities page 2 Environment Water SUPPORT: State Levee Funding the Green River Levee System Support legislation and /or appropriations that will assist in bringing local levees up to federal certification levels. Additionally, support any assistance the state can provide to ensure that the Howard Hanson Dam and Green River levee system function as designed to in order for the Green River Valley to continue to function as an economic engine for the State. SUPPORT: Raising the SEPA Exemption Threshold In consideration of legislation such as Growth Management, Shoreline Management and Water Management, the SEPA review has become excessive over the past four decades. Legislation that raises the threshold for SEPA exemptions will allow more flexibility in local government and reduce redundancy without backsliding in environmental protection. Transportation Infrastructure SUPPORT: Transportation Infrastructure Enhancements Support legislation which increases flexibility of use of existing revenues and implements new revenues for use in expansion, maintenance and repair of transportation mechanisms; including such items as street utility capability for cities and counties. This includes street maintenance, stormwater, local transportation and public works assistance. Law. Justice Public Safety OPPOSE: Required Election of Municipal Court Judges The City will continue to oppose any legislation requiring the election of municipal court judges. Appointed judges provide cities with flexible options for efficient court operations, appointments are cost effective, and the judges are qualified and ethical. SUPPORT: Realignment of Electorate Requirements for Existing Fire Authorities Support legislation that changes the current RCW relative to electorate requirements for existing fire authorities. Currently, voting is required within both the ,municipal boundaries of the joining entity as well as the existing fire authority. SUPPORT: Cross Jurisdictional Enforcement of SODA and SOAP Support amendments to the RCW which criminalizes the presence of any person with an order to Stay Out of Area of Prostitution and /or Stay out of Drug Areas. Change will allow patrol officers increased efficiencies in arrests related to persons with such orders. SUPPORT: Tools for Combating Gang Activity The City of Tukwila has firsthand experience with the results of gang activity within the community. As such, we are interested in ongoing collaboration of activities and funding that provides tools to address gang prevention and intervention, as well as civil and criminal ways to address gang activity. Continued Funding for Human Services Especially during turbulent economic times, the City of Tukwila recognizes and is committed to continue funding of human services programs. In consideration of this local commitment, we encourage our State legislators to support human services funding recognizing the need of these vital services throughout our local communities. Minimizing related human services cuts in any way possible. For your review, I have attached a copy of AWC's 2011 Legislative Priorities. 14 ASSOCIATION 1076 Franklin St. SE Olympia, WA 98501 -1346 OF WASHINGTON (360) 753 -4137 Toll Free: 1- 800 562 -8981 Fax: (360) 753 -0149 C I 1 t E S www.awcnet.org AWC 2011 Legislative Priorities Major priorities New approaches to contain public records and personnel costs Washington's cities are already making the tough choices and squeezing the maximum level of service out of their limited resources. But cost cutting and user fees can only take our communities so far. Pursue options for creating sustainable personnel related cost: o Amendments to binding interest arbitration criteria ability to pay, economic conditions, other regional characteristics, and qualifications for arbitrators) and o Level /stable pension contribution rates that do not fluctuate with economic "boom /bust" cycles. Pursue pro- active public records proposals that address some of the problems that come with the burgeoning public records requests. AWC staff will work with other local government associations to identify proposals for 2011. To date, the associations have identified two potential proposals: cost recovery and "meet and confer Fiscal and regulatory flexibility In 2009 and 2010, AWC advanced a broad city flexibility package focusing on fiscal health, land use, infrastructure, community safety, public records management, and more. AWC will continue to pursue proposals that support fiscal and regulatory flexibility and allow cities to provide essential services. Examples include: Expand use of real estate excise tax Raise SEPA exemption threshold Delay 2012 stormwater permit requirements Extend schedules for mandated land use and environmental plans Add flexibility on expenditure of impact fees Extend period by which you have to spend impact fees Fund or repeal buildable lands provision in King, Pierce, Snohomish, Kitsap, Thurston and Clark counties Strategic infrastructure investment We can only create a public works investment system for the 21 century if the state and cities work together to address the infrastructure deficit. Investments are needed to support the economic recovery, address the most critical infrastructure deficits, and help meet state and federal regulatory requirements. AWC will pursue critical infrastructure funding. Examples include: Public Works Assistance Account funding Street maintenance utility voter approved Community Economic Revitalization Board funding Washington Wildlife Recreation Program funding Municipal stormwater funding City transportation funding in a state package 15 Tax increment financing If authorized, cities and towns could create a tax "increment district" and finance public improvements within the area by using increased revenues from local property and /or sales taxes generated within the area. Tax increment financing (TIF) taps increased taxes generated by private development, and applies those taxes to pay bonds issued to finance the public infrastructure supporting the development. A particular TIF district could be located within various overlapping taxing districts, and the TIF mechanism captures the increased taxes of all of the overlapping taxing districts_ Other significant issues Additional tools for combating gang activity including funding for gang intervention and prevention activities. Support local tools and innovation for gang prevention and intervention including sustainable, ongoing funding for such activities. Support new approaches both criminal and civil for addressing criminal street gang activity including nuisance abatement and protection order authority. Cities need a broad spectrum of tools so they can use those that work best for their community. Mitigating medical costs for offenders O Pursue legislation clarifying responsibility for medical costs related to felon arrestees. o Pursue legislation that would clarify how uninsured offender medical costs should be accounted for, look at using a Medicaid based rate of reimbursement. Preserve photo enforcement authority Endorse City Fiscal Health Flexibility Extend provisions of furlough impact to pensions: Current law mitigates the pension impact of furloughs on some employees. It adjusts a retiring employee's benefit calculation to account for compensation the employee would have earned had it not been for the furlough during the 2009 -11 biennium only. AWC will seek extension of these calculations in 2011 -13. Flexible General Government Operations Establishing the Office of Open Records: Creates a voluntary appeals process through a new state agency. Office would be funded through user fees. PRA clarification: Amend the Public Records Act (PRA) to clarify that after an agency fully responds to a public records request by either producing documents or citing relevant exemptions, there is no continuing obligation to provide records created after receipt of the request, or review documents withheld to ensure exemptions still apply at some later date. Exempting identities of witnesses and complainants: Authorize the application of the exemption for the identity of witnesses to a crime and the identity of individuals who file complaints with law enforcement and investigative agencies unless a witness or complainant gives an agency the permission to disclose their identity. Mutual aid agreement for building safety officials: Statewide facilitated agreement allowing building inspectors and other building officials to provide disaster assistance when requested by another jurisdiction. 16 Safe Healthy Communities Public defense funding standards: o Support additional funding for local grants through the Office of Public Defense. o Oppose efforts to impose additional unfunded mandates that increase costs to local governments. Funding for auto theft prevention authority: Continue to support dedicated funds for auto theft enforcement. Vehicle prowl penalties: Support enhanced penalties for repeat offenders. Vulnerable roadway users: Support increased infraction penalties for drivers who act negligently and seriously injure or kill a bicyclist, pedestrian, or other vulnerable roadway user. Administrative warrants and abatements of solid waste nuisance conditions: Support legislation that would provide authority for jurisdictions to investigate and abate properties with solid waste problems as a public nuisance. Addressing workplace violence: Support legislation that would allow an employer to petition for a workplace violence protect order in cases of workplace harassment. Economic Development Quality Infrastructure Parking fee/tax: Current law enables a commercial parking tax that only a few cities use due to the inability to create a level tax/fee system for parking in their respective city or town. As an alternative, pursue a generic parking stall tax. Pursue taxable bond issuance flexibility: Allow the city governing body the option to adopt a bond ordinance or bond resolution, then delegate to an authorized representative the authority to finalize the maturity amounts, interest rates, etc., all within tight parameters fixed by the governing body. Boating facilities funding Street vacation revisions Clarification is requested on who can authorize a street vacation within a city Biennial arterial network reporting: This law is a result of the Blue Ribbon Commission on Transportation in 2001. Initially it required 70% of the arterial network to be reported, with 5% increments in successive biennia. o Reaching "full" reporting will require significant resources for our cities, with little statistical gain. o The cost of conducting the paving surveys is expensive and is not funded by the state for large jurisdictions. Monitor Flexible General Government Operations Metadata: A recent Washington State Supreme Court decision provides for the disclosure of metadata. AWC is consulting with city attorneys and other stakeholders about how to proceed. Safe Healthy Communities Impacts of charging decisions and expanding caseload and subject matter jurisdiction in municipal courts: Monitor legislations that would shift additional cases to cities and municipal courts, seek funding to assist with any increase in caseload and the public safety implications of charging decisions; require counties to charge misdemeanants in Superior court within the threshold limits for which they are responsible. Driving with license suspended: Monitor legislation that would modify provisions related to the charge of Driving with Licenses Suspended in the 3rd degree (DWLS 3). Rental housing safety: Retain authority to implement rental housing safety programs and inspections. Emergency management funding /communications interoperability: o Support opportunities to improve emergency response capabilities o Seek state and federal funding to meet interoperability standards and narrow banding requirements. 17 Model Traffic Ordinance (MTO): In July it was discovered that the MTO had not been regularly updated by DOL calling into question some infractions that had been made using the MTO. Legislation clarifying that cities do not need to cite to the MTO and can cite directly to RCW may be necessary. DOL is requesting an Attorney General Opinion on this issue that may clarify the question without need for legislation. Bail task force recommendations: o Bail schedules left to discretion of the court o Develop state -wide bail justification and standards system o Make the DOC risk assessment tool available to judges statewide o Create a failure to appear risk assessment tool o Require all law enforcement to use a superform that includes information regarding domestic violence and mental health. o Develop a definition of bail o Various regulatory requirements for bail bond agents Land Use Environmental Stewardship Create incentives for cities to use hearings examiners Transfer of development rights: The Cascade Land Conservancy is working with a number of jurisdictions and interests in the Central Puget Sound to determine ways to help cities get new infrastructure funding in exchange for accepting density transfers from rural areas Water rights processing: DOE is drafting one or more legislative proposals that would help fund the Water Resources Division and facilitate issuance of water rights permits (with conditions) Climate change: Various state and federal agencies have programs, proposals or rules addressing climate change and cities Zoning authority for gambling establishments: Allow cities an option other than ban or allow house banked card rooms. Zoning authority and development near airports: Monitor actions related to land use aviation and work cooperatively with WSDOT Aviation exploring appropriate ways to protect aviation assets as essential public facilities. Health Care Federal Health Care Act: Monitor to ensure that the State's efforts to implement the Federal Health Care Act do not have a negative impact on cities and towns. Economic Development Quality Infrastructure Dig law reform (Call before you dig) AWC staff has been engaged with various stakeholders for one year on re- writing the Dig Law. AWC is sympathetic to enhancing the industry standards, but does not want any additional liability; especially as it relates to ownership and marking of sewer laterals. Transportation Benefit Districts (TBDs): Look for opportunities to enhance TBDs if a transportation revenue package moves forward. If other legislation is advanced, ensure cities receive a credit for their existing authority. (Avoid the opportunity for "double dipping" of existing local taxes and fees." Transportation efficiency study: This is a 2010 legislative study that is looking at how the Transportation Improvement Board, Freight Mobility Strategic Investment Board, County Road Administration Board and WSDOT- Highways and Local Programs Division can be more efficient. 18 Strongly defend against City Fiscal Health Flexibility Transfers of state shared revenues or state funds to the state general fund: Protect critical city revenues such as Liquor Excise Tax, Liquor Profits, Streamlined Sales Tax Mitigation, Municipal Criminal Justice Account funding, City- County Assistance Account funding, and public health funding. Safe Healthy Communities Requiring all judges to be elected: Oppose efforts to require that all municipal court judges, regardless of the number of hours they work, be elected. Liability for local government: o Continue to pursue reforms that limit joint liability for public entities, especially in the context of proposed expanded wrongful death claimants and damages. Defend against proposals that expand liability. o Continue to work to amend the law so that juries may know if a person involved in an injury accident was wearing his or her seatbelt. Land Use Environmental Stewardship Eliminating or amending fiscal incentives for annexations in King, Pierce and Snohomish Counties: Currently the state offers fiscal assistance to cities through a state sales tax credit in King, Pierce and Snohomish counties if the annexation is of 10,000 or more people. There is potential for this sales tax incentive to be amended or eliminated. Prohibiting impact fee collection until economy improves: an AWB /Homebuilder /Realtor proposal Restricting the timing at which cities can collect impact fees: another proposal from Business Eliminating assumption of water /sewer districts: possible proposal to eliminate the current authority Health Care Expansion of LEOFF medical costs: Oppose any further expansion of LEOFF retiree medical benefits without an alternative funding source. Cities and towns are not in a position to take on any additional costs. Look for opportunities to fund ongoing LEOFF retiree health care costs. 19 City of Tukwila 2010 Leeislative Priorities State Issues Adopted by the Tukwila City Council on January 19, 2010 During the second year of the Washington State Legislature's 2009 -10 biennium legislative cycle, the City of Tukwila will focus on the following legislative priorities: City Fiscal Health MONITOR: Streamlined Sales Tax Ensure that state monies committed for streamlined sales tax mitigation continue to remain dedicated to that source and are not utilized to balance the state budget. SUPP IRT: Flexibility on Use of Existing Revenue Sources Increased flexibility in the spending of revenues such as locally- imposed Real Estate Excises Taxes (REET) will allow cities to respond more appropriately to growth needs and essential services. Transportation Infrastructure SUPPORT: Transportation Enhancement Support legislation which increases flexibility of use of existing revenues and implements new revenues for use in expansion, maintenance and repair of transportation mechanisms; including such items as street utility capability for cities and counties. General Government Operations OPPOSE: Taping of Executive Sessions Transparency in government operations and decision making is crucial; and there are very few exceptions to the Open Public Meeting Act in which legislative bodies have the right to discuss matters in an executive session. Limiting these exemptions further can interfere with the optimization of city processes and candid discussions. OPPOSE: Legislation that Prohibits Local Jurisdictions from equiring Dwelling Unit Inspections The City will actively take measures to protect and encourage the rights of cities to assist in providing safe and livable housing to its community members. SUPPORT: Pro Active Approaches to Reducing the Impact of Public Records Requests to Cities Tukwila officials promote efficient responses to and delivery of public records requests, while simultaneously reducing substantial impacts of arduous requests. Emergency Preparedness Response SUPPORT: Fiscal Reimbursement for Flood Preparation Relative to the Howard Hanson I am Seek reimbursement for fiscal expenditures related to the preparation and protection efforts in response to the potential flood risk related to the Howard Hanson Dam. SUPPORT: Extension of Cities Liability Protections Regarding Howard Manson Dam Clark and refine language regarding statute liability immunity for cities that perform and conduct good faith efforts in response to the potential flood risk relative to concerns with the Howard Hanson Dam. Enhancement of Funding for Human Services The Tukwila City Council is committed to continue funding of human services programs in relation to the increasing cost of living. In consideration of this local commitment, we encourage State legislators to support human services funding recognizing the need of these services throughout our local communities and the State. Partnerships The City of Tukwila recognizes that the fiscal condition of the state budget impacts every city by reducing state funding opportunities. City officials are committed to doing their part to foster relationships within local, regional and state entities that encourage opportunities for joint partnership and outreach in budget reduction as well as other activities that address management of local resources. 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A LEGISLATIVE AGENDA FOR USE DURING THE 2011 WASHINGTON STATE LEGISLATIVE SESSION. WHEREAS, the City Council has agreed to pursue certain legislative issues for 2011; and WHEREAS, the City Council recognizes this agenda is not all encompassing, in that certain additional items may arise during the legislative session that require support or opposition; and WHEREAS, a legislative agenda outlines the priority issues that elected officials may discuss when speaking to members of the Washington State Legislature; and WHEREAS, the City Council agreed to these priorities at the Regular City Council Meeting on January 18, 2011; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Tukwila City Council has identified priorities for the 2011 Washington State Legislative Session that are integral to serving the Tukwila community in the manner in which the residents and businesses have come to expect. The City of Tukwila 2011 Legislative Agenda is hereby incorporated by reference as Attachment A. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2011. ATTEST /AUTHENTICATED: Allan Ekberg, Council President Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Office of the City Attorney Resolution Number: Attachment A: City of Tukwila 2011 Legislative Agenda Page 1 of 1 21 22